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In the Matter of HUGH J. GAVIGAN, JR., Appellant, v. THOMAS F. McCOY, as State Administrator of the Administrati

Order reversed, without costs, and the matter remitted to Special Term for further proceedings in accordance with the dissenting opinion at the Appellate Division.

Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Chief Judge FULD and Judge GIBSON.

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MATTER OF GAVIGAN v. McCOY
(May 5, 1972)